EFTA00597298.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION -AG CASE NO. 502009CA040800XXXXMB JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, VS. SCOTT ROTHSTEIN, individually and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiffs. I ORDER GRANTING COUNTER-DEFENDANT, JEFFREY EPSTEIN'S. MOTION FOR SUMMARY JUDGM I NT THIS CAUSE came before the court on Counter-Defendant, JEFFREY EPSTEIN'S, Motion for Summary Judgment regarding the Fourth Amended Counterclaim filed herein by Counter- Plaintiff and the court having reviewed the file and applicable precedent, having heard argument of counsel and being otherwise advised in the premises, it is hereupon ORDERED AND ADJUDGED: 1. Mr. EPSTEIN filed suit against Mr. EDWARDS and Mr. EDWARDS thereafter filed a Counterclaim against Mr. EPSTEIN. Mr. EPSTEIN later dismissed his Complaint without prejudice. The Counterclaim proceeded and went through several amendments. The Fourth Amended Counterclaim at issue here contains two causes of action. Those causes of action are abuse of process and malicious prosecution. 2. The issue before the court is whether the absolute litigation privilege applies to causes DRAFT EFTA00597298 CASE NO. 502009CA040800XXXXMB of action for both abuse of process and malicious prosecution. 3. The court has reviewed Levin, Middlebrooks. Moves & Mitchell. v. U.S. Fire Ins. Co., 639 So.2d 606, 608 (Fla. 1994), Bchevarria, McCalla. Ravmer, Barrett & Frappier v. Cole, 950 Sold 380 (Fla. 2007) and Wolfe v. Foreman 38 Fla. L. Weekly D1540 (July 17, 2013). The court finds these cases to be not only persuasive but binding. The court is bound by the holding of Levin. that all actions occurring during the course of a judicial proceeding, so long as the act has some relation to the proceeding, are absolutely privileged. This proposition was reaffirmed in Bchevarria. The Third District Court of Appeal in Wolfe, quoting in large part from Bchevarria found specifically that the litigation privilege applies to malicious prosecution claims and acts occurring during the course of a judicial proceeding, if those acts bear some relation to the proceeding. 4. During the hearing on this matter, it was conceded by counsel for Counter-Plaintiff that all of the allegations made in both the abuse of process claim and the malicious prosecution claim are acts occurring during the course of a judicial proceeding and bear some relation to the proceeding. 5. The court therefore finds that the absolute privilege applies to both the abuse of process claim and malicious prosecution claims made herein. 6. The Counter-Plaintiff urged the court that Olson v. Johnson, 961 So.2d 356 (FIa. 2d DCA 2007), is in conflict with Wolfe and that this conflict would allow this court to "peruse" other issues. However, the court finds Olson inapplicable because that case dealt with extra judicial false statements that were made to a police officer. The statements were not made during the course of a ILLL:-A DRAFT EFTA00597299 CASE NO. 502009CA040800XXXXMII judicial proceeding and were therefore not privileged. For the reasons stated above, the Motion for Summary Judgment is granted. DONE AND ORDERED at West Palm Beach, Palm Beach County, Florida, this day of , 2014. &DRAFT CIRCUIT COURT JUDGE Copies furnished to those on the attached service list. E DRAFT EFTA00597300 SERVICE LIST CASE NO. 502009CA040800)0C0CMB-AG W. Chester Brewer, Jr., Esquire wcblaw wcbc W. Chester Brewer, Jr., 250 S. Australian Avenue Suite 1400 West Palm Beach, FL 33401 Jack ScarAttal Searcy Denney Scarola et al 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Jack Goldberger, E.tatre igoldberiterOaevm= Atterbury, Goldberger & 250 S. Australian Avenue Suite 1400 West Palm Beach, FL 33401 Marc Hunk, Esquire 1 East Broward Blvd. Suite 700 Ft. Lauderdale, FL 33301 Bradl J. Edwards uire Farmer Jaffe Weissing Edwards Fistos Lehrman 425 N. Andrews Avenue Suite 2 Ft. Lauderdale, FL 33301 Fred Haddad, Esquire a freclht rw.com 1 Financial Plaza Suite 2612 Ft. Lauderdale, FL 33301 Tonja Haddad Colema Esquire dill Law Offices of Tonja Haddad, 315 SE 7iA Street, Suite 301 Ft. Lauderdale, FL 33301 ono EFTA00597301